Attorney conflict of interest

[Thompson98]

What is the name of your state (only U.S. law)? Michigan

Is it legal for one attorney law firm to take a deposition/complaint information from a potential client, who has not yet signed on with them, and then run over to the business that is being complained about and side with them, after the client has given them most of the information about the case?

 

[Mass_Shyster]

Rule 1.18(b) of the Model Rules of Professional Conduct would prohibit doing what you have described, however Michigan has not adopted Rule 1.18. I did find something indicating there may be caselaw prohibiting lawyers from revealing information given by a prospective client, by researching that would require more time than I have right now.

Rule 1.18: Duties to Prospective Client
(a) A person who discusses with a lawyer the possibility of forming
a client-lawyer relationship with respect to a matter is a prospective
client.
(b) Even when no client-lawyer relationship ensues, a lawyer who
has had discussions with a prospective client shall not use or reveal
information learned in the consultation, except as Rule 1.9 would
permit with respect to information of a former client.
(c) A lawyer subject to paragraph (b) shall not represent a client
with interests materially adverse to those of a prospective client in
the same or a substantially related matter if the lawyer received
information from the prospective client that could be significantly
harmful to that person in the matter, except as provided in
paragraph (d). If a lawyer is disqualified from representation under
this paragraph, no lawyer in a firm with which that lawyer is
associated may knowingly undertake or continue representation in
such a matter, except as provided in paragraph (d).
(d) When the lawyer has received disqualifying information as
defined in paragraph (c), representation is permissible if:
(1) both the affected client and the prospective client have
given informed consent, confirmed in writing, or:
(2) the lawyer who received the information took reasonable
measures to avoid exposure to more disqualifying
information than was reasonably necessary to determine
whether to represent the prospective client; and
(i) the disqualified lawyer is timely screened from
any participation in the matter and is apportioned no
part of the fee therefrom; and
(ii) written notice is promptly given to the
prospective client.

 

[Thompson98]

What in the world is so negative about concern that a lawyer who you have given all of the information on your case has gone over to the other side and begin a relationship with them, because there is more money to be made with the offending party?????

What in the world is so negative about that concern!!!

 

[Silverplum]

What in the world is so negative about concern that a lawyer who you have given all of the information on your case has gone over to the other side and begin a relationship with them, because there is more money to be made with the offending party?????

What in the world is so negative about that concern!!!

I didn't see anyone but you comment that your concern was "negative."

Edited to add: I see now -- you were thinking that Steve's signature line was directed AT you. It's not. Mine is about Obama, and it's directed at anyone who wants to laugh at that "Peace Prize winner" along with me.

 

[Thompson98]

I know many good Muslims and the ones that I know are wonderful people.
With that said...
The reason that Obama helped to kill off Muammar Gaddafi, (Yes, he did deserve to die), is because, I truly believe Obama's agenda is to bring in the power of the Muslim Brotherhood, to that Reagen.
They are said to be tied to Al-Qaeda and many of the other radical extremist Muslims and their outfits that bring death to America, through terrorist acts on civilians.
The ones who bombed the trade centers on 9-11.

Speaking from the Obama agenda point of view:
The middle east is a whirlwind of destabilization.
We must reign in the new order of Muslim religious power throughout the world.
That was the only reason that we got involved with that conflict, not to stop Gadafi's killings.
It was an opportunity that would further the agenda of the far left and social extremism.
Notice that the just two days after Muammar Gaddafi was dead, all woman's rights were stripped away in that region and sharia law was instantly put into effect.
(Nice job Obama... Where do you go next?)
The way to control the middle eastern nations is through religious extremism and give rise to the Muslim control, not financials.
That's how you take care of those situations...
The way to gain control here in the USA is through the destabilization of finance.
This is why our monetary system is being toppled and brought to bankruptcy.
Massive spending, welfare, free phones free grants, free everything, for as long as possible... (Overload the system), Too many other scenarios to mention here... Anyway, that's how you get it done over here.
It's been done... Too late to change anything now and it will get catastrophically worse within the next 18 months.
America will be no more and the new power of Islam will emerge, throughout.

(All because the do-nothing republicans didn't and don't have the balls to fight... Too much like work...)

The do-nothing republicans have handed the world over to our socialist/Marxist leader and the little people of this country eat it up, never even realizing that their low mentalities have completely torn down the freedoms that they once know...
They follow their king like cattle to the slaughter...
We who oppose only get to sit and watch it happen...
That's MY tag line and general opinion... witch is always right...

 

[Captain Picard]

I know many good Muslims and the ones that I know are wonderful people.

Is Obama on your list?

 

[Thompson98]

NO! NO! NO!
First of all, I have NO list...

With that said...
...Obama has many, many followers in America.
I would categorize it as a cult following.

The little people of America (I am not referring to "Little Persons", just weak minded.)
have voted him in because he is the new trend.
He gives them a voice that they could not find in themselves.
He is their KING / LEADER SUPREME...
They follow because there is no one on the right worth following.
The republicans are a group of do-nothing, lethargic pansies, who are more than willing to give everything
over to the dominating culture that has overtaken America, due to their lax attitudes and lack of coordination in
getting things done to bring this country back to the days
of freedom, independence and economic security.
Now we have a country full of dependance, who depend on their king for their sustenance.
Now you have a Majority that is only looking for a king/ruler who will see to it that all of their daily needs are met,
including food, clothing, housing, money and the security's that only God in heaven can provide...
They hove found their god... (Notice the small "g").

Yes, I do believe that he is a Muslim, who claims to be Christian and this is accepted by the Muslim clergy,
only because he is subtly helping them to gain rule here in the United States Of America. (This will come sooner than you think).
Other Muslims who convert to Christianity are executed, but there is exception with Obama.
I believe, he helps to promote a bigger cause, and part of that methodology is to convince the Americans
that he is not Muslim and does not stand with them in any way...

 

[Mass_Shyster]

What in the world is so negative about concern that a lawyer who you have given all of the information on your case has gone over to the other side and begin a relationship with them, because there is more money to be made with the offending party?????

What in the world is so negative about that concern!!!

If you read my entire message, you would have seen the part where it explains that the quote from Oddball from the movie Kelly's Heros is appended to every single message I post here. It's called a signature. There's also a specific note that it is not directed at the person to whom I am responding.

To your other point, if you spoke with an attorney about something, and this attorney took this information to your opponent, you should contact the bar association in your state and file a complaint. As I wrote, caselaw may support a cause of action against an attorney who does this, even though the rules of professional conduct to not prohibit it.

 

[Thompson98]

Thanks for the feedback Steve.
I'll look into that.

 

[dmcc10880]

Ethically, the firm needs to substitute out. However, you must contact them about the conflict, make them aware and demand they sub out of the case.